Child Custody Relocation Laws - What Nevada Parents Need To Know - PowerPoint PPT Presentation

View by Category
About This Presentation
Title:

Child Custody Relocation Laws - What Nevada Parents Need To Know

Description:

| In the state of Nevada, family law courts require parents who have physical custody of their child(ren) to obtain permission from the non-custodial parent prior to relocating to another state. Failing this, the custodial parent can petition the courts, who will make a determination based on the best interests of the child(ren). – PowerPoint PPT presentation

Number of Views:24

less

Write a Comment
User Comments (0)
Transcript and Presenter's Notes

Title: Child Custody Relocation Laws - What Nevada Parents Need To Know


1
(No Transcript)
2
  • During divorce proceedings, couples with minor
    children generally must endure the unpleasant
    task of sorting out who has physical and legal
    custody of the kids. These arrangements can
    become complicated if the custodial parent wishes
    to move to another state. As it happens, Nevada
    law is far from silent on this issue. Here well
    take a look at the restrictions that the state of
    Nevada places on custodial parents who elect to
    relocate out of state.

3
  • Before we discuss the relocation laws currently
    enforced by Nevada courts, its important to be
    clear on the concepts of legal and physical
    custody.
  • Legal custody refers to responsibilities
    associated with child-rearing decisions, such as
    where the kids should attend school. Physical
    custody refers to the responsibility to maintain
    housing for the kidswhere they live on a daily
    basis.
  • In this discussion we will focus mainly on
    physical custody.

4
  • Custody arrangements often distinguish between
    the custodial parent and the non-custodial
    parent.
  • In some cases, a joint custody arrangement is
    made, which requires each parent to share the
    legal and/or physical custodial arrangements.
  • When one parent has physical custody, it is
    customary for the other parent to retain the
    right to visit the children at scheduled times.

5
  • Sometimes, the custodial parent decides to move
    out of the stateto pursue a job opportunity, to
    enjoy the benefits of a more agreeable climate,
    or for any number of other reasons.
  • This can cause difficulties for the non-custodial
    parent, who no longer lives with the other parent
    and will not accompany them on the move. If the
    custodial parent were to relocate far away, it
    would make future in-person visitations
    impractical.

6
  • In the state of Nevada, the laws governing
    out-of-state relocation of custodial parents are
    codified in NRS 125C.200. This law holds that
    consent is required from noncustodial parent
    to remove child from State.1
  • This means that custodial parents in Nevada cant
    simply relocate whenever they feel like itnot
    without violating the terms of their court
    agreement.

7
  • The custodial parent is required by Nevada law to
    obtain consent from the non-custodial parent
    prior to moving out of state.
  • This consent should be put in writing. In
    addition, permission should be requested as far
    ahead of the proposed move as possible.
  • But what happens if the non-custodial parent
    refuses to give consent?

8
  • If the non-custodial parent denies permission,
    then the custodial parent can attempt to obtain
    authorization from Nevada family law courts.
  • In court, the custodial parent is expected to
    present a good-faith reason for the proposed
    relocation. If the move is solely intended to
    separate the child(ren) from the non-custodial
    parent, the court will likely deny permission.
  • Above all else, the court takes into
    consideration the needs of the child(ren).

9
  • Nevada law mandates a somewhat different
    procedure when both parents share physical
    custody of their child(ren). If one parent wishes
    to move out of state with the kids, the former
    spouses must ask the court for permission to
    modify their legal arrangement.
  • Again, the courts overriding consideration is
    the welfare of the child(ren). The court will
    decide whether the child(ren) can go with the
    relocating parent or must stay with the one
    living in Nevada.

10
  • Founded by Emily McFarling, Esq. in 2003, The
    McFarling Law Group is dedicated to providing its
    clients with highly effective representation in
    divorce, child custody, parental abduction, and
    related family law matters. The firm is located
    in Las Vegas, Nevada. Visit www.mcfarlinglaw.com
    for more information.

11
  1. http//www.leg.state.nv.us/nrs/NRS-125C.htmlNRS12
    5CSec200
About PowerShow.com